Shiva Sahu Vs State of Chhattisgarh

Present writ petition under Article 227 of the Constitution of India has been filed by the petitioner against the impugned order dated 24.08.2026 passed by the learned Board of Revenue Chhattisgarh, Bilaspur in Case No.RN/31/R/B-121/234/2026, whereby, the Revision filed by the petitioner has been dismissed.

¶15

Learned counsel for the petitioner would submit that before the Collector, Sarangarh-Bilaigarh, a proceeding was initiated in compliance of order dated 30.10.2025, passed by this Court in MA No.143 of 2025, and the matter was remitted back to the Collector, Sarangarh-Bilaigarh,

¶16

Wp227 1177 of 2026

¶17

2

¶18

with a direction to pass an order afresh after providing opportunity of hearing to the parties concerned. In pursuance thereof, a proceeding was initiated before the Collector, Sarangarh-Bilaigarh. During that proceeding, notice was allegedly served upon the petitioner through paper publication. However, on 25.03.2026, an ex-parte proceeding was drawn against the petitioner considering that despite paper publication of notice in the newspaper, petitioner failed to participate in the proceeding. When the petitioner came to know about the proceeding and ex-parte order against him, he made an application under Order IX Rule 7 of the Code of Civil Procedure (CPC) before the Collector for setting aside the ex-parte order. However, the said application of the petitioner was rejected by the Collector vide order dated 14.07.2026 holding that it has been filed after the limitation period of 30 days. The order dated 14.07.2026 was challenged by the petitioner before the Board of Revenue by filing a revision and the same has also been dismissed vide order dated 24.08.2026 holding that an appeal is provided against the order passed by the Collector under the Chhattisgarh Protection of Depositors’ Interest Act, 2005 and the petitioner may avail appropriate remedy in appropriate proceeding, which is challenged in the present petition. He would further submit that petitioner claimed that he may be heard in the proceeding for which he filed an application for setting aside the ex-parte order. The proceeding is still pending before the Collector, Sarangarh-Bilaigarh and the petitioner may be provided an opportunity of

¶19

Wp227 1177 of 2026

¶20

3

¶21

hearing for which the matter has already been remitted back there vide order dated 30.10.2025, passed in MA-143 of 2025.

¶22

On the other hand, learned counsel appearing for the State opposes the submissions of learned counsel for the petitioner and would submit that the order passed by the Collector, Sarangarh-Bilaigarh, as well as the Board of Revenue Chhattisgarh, Bilaspur are in accordance with law and the present petition is liable to be dismissed.

¶23

Heard learned counsel for the parties and perused the material annexed with the petition.

¶24

After having gone through the order-sheets filed along with the petition as well as covering memo dated 11.09.2026, it transpires that on 03.02.2026, notice could not be served upon the petitioner and the matter was adjourned for 10.02.2026. Again on that day, the matter was adjourned for the same reason and fixed for 24.02.2026. Thereafter, on 27.02.2026, it was ordered by the Collector that notice upon the petitioner shall be served through paper publication. However, on 25.03.2026, when the petitioner fails to appear, matter was proceeded ex-parte .

¶25

From perusal of document Annexure-P7, it reveals that the petitioner had made an application on 30.06.2026 before the Collector, Sarangarh-Bilaigarh for setting aside the ex-parte order and permitted him to participate in the proceeding. However, vide order dated

¶26

Wp227 1177 of 2026

¶27

4

¶28

14.07.2026, the Collector has rejected the application filed by the petitioner under Order IX Rule 7 of the CPC.

¶29

In the case notice was allegedly served upon the petitioner through paper publication, which is a substituted mode of service. Petitioner may, or may not come into knowledge about service of notice, which was served upon him through paper publication. However, when he made an application for setting aside ex-parte order and permission to participate in the proceeding, which was made on 30.06.2026, the Collector, Sarangarh-Bilaigarh should have consider the application and allow him to participate in the proceeding, as his negligence, or deliberate act, could not be demonstrated on the part of the petitioner by making his application. There is no any inordinate delay in making the application and it transpires that he was proceeded ex-parte on 25.03.2026 and he made an application on 30.06.2026. Proceeding before the Collector, Sarangarh-Bilaigarh is still pending. Thus, for providing opportunity of hearing to the parties, the matter was remitted back to the Collector. Therefore, this Court is of the considered opinion that the petitioner should be afforded an opportunity to hear in the proceeding before the Collector, Sarangarh-Bilaigarh and rejection of his application on the ground of delay that it has been filed beyond the period of 30 days appears to be perverse and against the principles of natural justice.

¶30

Accordingly, the impugned order dated 24.08.2026 passed by the Board of Revenue Chhattisgarh, Bilaspur and the order dated 14.05.2026

¶31

Wp227 1177 of 2026

¶32

5

¶33

passed by the Collector, Sarangarh-Bilaigarh is set aside and the application filed by the petitioner dated 30.06.2026 is allowed and the petitioner is permitted to participate in the proceeding pending before the Collector, Sarangarh-Bilaigarh.

¶34

The Collector, Sarangarh-Bilaigarh is directed to provide an opportunity of hearing to the petitioner in the proceeding and to proceed in accordance with law and decide the case on its own merits.

¶35

It is expected from the petitioner that he shall not take any unnecessary adjournment in the proceeding before the Collector, Sarangarh-Bilaigarh and shall cooperate for an expeditious disposal of the case.

¶36

12. With the aforesaid observation, the writ petition is allowed.

¶37

Sd/- (Ravindra Kumar Agrawal) JUDGE

¶38

padma

¶39

Digitally signed by V PADMAVATHI Date: 2026.09.22 14:11:57 +0530

Shiva Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Shiva Sahu v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases